Connecticut Grant of Easement for Light and Air

State:
Multi-State
Control #:
US-01170BG
Format:
Word; 
Rich Text
Instant download

Description

Easements for light, air, view, and solar easements may be created by conveyance, reservation in a deed, or by agreement. In the absence of such an easement, the owner of land has no legal right to have light and air unobstructed by buildings on the adjoining land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In the State of California, a squatter must occupy your property for a period of 5 years put forward any adverse possession claims. This is the shortest period of any state.

?Real property? includes parcels with or without upper or lower boundaries, and spaces that may be filled with air or water. (29) ?Record?, used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

For example, a homeowner may build a fence separating their yard without realizing they've crossed over and encroached on their neighbor's property line. In either case, the adverse possessor?also referred to as the disseisor?can lay claim to that property.

In Connecticut, to acquire title to land by adverse possession a claimant must oust an owner of possession and keep such owner out without interruption for 15 years by an open visible and exclusive possession under a claim of right with the intent to use the property as his own without the consent of the owner.

Acting quickly is the best way to fight an adverse possession claim. Negotiate permission in writing: You may be willing to allow the use of the property. If so, having a written document helps prove you allowed specific use and could help fight an adverse possession claim.

To establish a prescriptive easement in Connecticut, several elements must be met. The use of the property must be open, notorious, continuous, and adverse for at least 15 years. Open and notorious means that the use of the property is visible and obvious to others, and the true owner should have been aware of the use.

The person claiming adverse possession must show that their use of the land has been open, notorious, continuous, exclusive, adverse, and under a claim of right for a minimum of 15 years.

The most common way eliminate an easement is through a termination agreement or a termination of the easement, wherein the benefited property owner and any lenders who have liens on that benefited property all sign an agreement which expressly provides that the identified easement is terminated and no longer in effect.

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Connecticut Grant of Easement for Light and Air